52. On 26 February 1992, 1 per cent of the population of Slovenia (25,671 people) were removed (and now referred to as izbrisani, the “erased”) from its registry of permanent residents. This was the result of a new law according to which citizens of the former Yugoslav republics who were not citizens of Slovenia had to meet three requirements in order to acquire Slovenian citizenship, including applying for citizenship within six months of the entry into force of the Citizenship Act (1991). Those who failed to meet any requirement by the deadline were deleted from the register of permanent residents, thereby losing their legal status and, by extension, their right to remain in Slovenia.
73. The illegitimate removal of permanent residence status of so many people, with almost no compensation, has lasted too long. Litigation has been ongoing for decades. Slovenia should find the political will and courage necessary to address this matter. Minorities of the former Yugoslavia were the main victims of a sad episode that should be brought to an end, also to avoid protracted, painful and embarrassing litigation. The Special Rapporteur therefore recommends that the Government:
(a) Adopt legislation providing for the restoration of permanent residency status without the burdensome requirements and narrow timelines of the law adopted in 2010 on the regularization of the status of “erased” persons;
(b) Consider providing a more generous compensation scheme, not excluding individuals who have benefited from the previous scheme, readjusted to take into account losses such as property or employment, and is realistic in terms of the pain and suffering endured.
Protection/Enjoyment of rights
Remedy/Reparation
Legislative/Judicial/Administrative action